The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-04

the fourth paragraph of plaintiffs bill
OF complaint; or that they or either Of
them, are receiving or unlawfully ap-
plying tolts or their own use, all or any
OF the rents, issues or profits thereof
and deny that they or either of them
falsely or wrongfully or otherwise, claim
the right TO sell, use or dispose OF said
property.
Defendants deny, that since the 10th
Cay OF February, 1887, there has been
or Is. no person lawfully authorized TO
take charge, manage, preserve or con-
troi the property, real and personal,
which on or before the day last afore-
sad. was owned, held, possessed or used
by said alleged corporation, the Church
OF Jesus Christ of Latter day Saints; or
that by reason thereof, all of said pr
| perty, as referred to in the third para
graph of said bill of complaint, is sub
Ject to lrreparable or irremedlable loss
or destruction.
Further answering the bill of COM
plant of plaintiff, defendants deny each,
every and ali the allegations in plain
tift's bill of complaint.
Further answering the complaint of
plaintiff, and for a separate defense
thereto, MILFORD Woodruff, Lorenzo
Snow, Erastus Snow, Franklin D. Rich
ards. Brigham Young, Moses Thatcher,
Francis M. Lyman, John Henry Smith,
Heber ]. Grant and John W. Taylor,
show unto this court, that the corpora
ton of the Church of Jesus Christ Of
Latter day SAINTS, was, by law, dis
solved on the first day of July, 1862, and
that from that period to the present
said corporation has ceased to exist.
That the Church of Jesus Christ of Lat
ter-day Saints, is and has been since
July 1st, 1862, a voluntary religious and
charitable ASSOCIATION, composed OF
numerous members and congrega-
tons, and that the objects of said
association are the dissemination of the
principles of the gospel as taught by
our Savior Jesus Christ, and in aiding
the poor and incompetent, and in pro-
viding for their sustenance and wants.
That its purposes and objects are purely
religious and charitable, and as such
it has st all times, and does now, re-
ceive donations from its members in
limited amounts, which are used for the
sole purposes aforesaid.
That SIS such society or association it
has held, through its trustees, from
time TO time, its real and personal prop
etty, and has from tine to time used
and disposed of portions of the same.
That the late John Taylor, President
of the Church of Jesus Christ of Lat
ter-day Saints, was and had been for
about ten years last past, and up to
July 25th. 1887, the sole and only trustee
of said society or church. That said
John Taylor deceased on the date last
aforesaid, and that since that period
there has been no trustee OF said church
o.a NO hnr nir,Of tsvr out
forth. That said John Taylor was
elected by the Latter-day Saints at
their annual conference as Trustee-in-
Trust for the body of religious worship
pers called the Church of Jesus Christ
of Latter-day Saints, and in no other
capacity. and not as trustee of said or
any corporation; and these re-
spondents and defendants were
named and elected as his couh-
sellers, am not otherwise; and that
they, nor either of them, were not, nor
never have been, assistant trustees TO
the said John Taylor, or any other per
son. for and on behalf of said alleged
corporation.
Defendants further allege that they,
nor either of them, ever had, held, or
pretended to have or hold, any OF the
means or property of said association or
church, up to the time of the decease of
said John Taylor; nor have they now
any control or authority over the same
further than being prominent members
of said church, but said property rea
and personal, is in the hands of its
trustees hereinafter named.
That said John Taylor, as Trustee-in-
Trust, up to the date Of his death, had
the sole management and control of
said real and personal property, and On
or before the 18th day of February,
1887, as defendants are informed and
believe. the said Trustee-in-rTust dis
posed of all and singular the personal
property of said association, save sui
ticient to pay its debts, which amount
so reserved is unknown to these de-
PENDANTS; and on information and be
lief they allege it has been used for the
purposes for which it was reserved.
Defendants further allege that on or
suant to acts of Congress in that behalf, |
and the court exercising probate pow. !
ers in the County OF Salt Lake and Ter |
ritory of Utah, appointed three trustees, |
namely, William B Pres'on, Robert T. |
Burton and John r. Winder, TO hold |
The real property of said church, and |
hat since their said appointment all
The real property in the said Territory
hat is owned by said church in the
aggregate. has been decided to said trus-
,ees. and they now hold, occupy and
possess the same, which is described as
oilows, to-wit: All OF Block 81, Plat
a, " Salt Lake City Survey, in Salt
lake County, Utah Territory, on which
tands its Temple and houses of
Worship. Also the following, COM
nencing four rods north of the south
vest corner of Lot 4, in Block IS, Plat
A." Salt Lake City Survey; thence
forth twenty six rods; thence east
wenty rods; thence south twenty-five
nd one-half rods; thence west fourteen
DDS; thence south three and one half ;
DDS; thence west six rods;
O the place of beginning, con- .
aiming , 61-lU0 acres. Also all of the (
Glowing part of Lot 6, in Block 10, :
'lat "A, Salt Lake City Survey,
ounded as follows, comm ncing at the
ortheast corner of said Lot; thence
ou1h 10 rods; thence west IS rods; {
hence north 10 rods; thence east Is {
DDS, to the place of beginning.
That all the real property now owned /
y said church, and which IS in the 6
ands of said Trustees, was acquired 7
nd held by said church before Jnly
1890 and pE | Z